Federal Trade Commission 2006 – Federal Register Recent Federal Regulation Documents
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Notice of Intent to Request Public Comments
As part of its ongoing systematic review of all Federal Trade Commission rules and guides, the Commission gives notice that, during 2007, it intends to request public comments on the rules and guides listed below. The Commission will request comments on, among other things, the economic impact of, and the continuing need for, the rules and guides; possible conflict between the rules and guides and state, local, or other federal laws or regulations; and the effect on the rules and guides of any technological, economic, or other industry changes. No Commission determination on the need for or the substance of the rules and guides should be inferred from the notice of intent to publish requests for comments. In addition, the Commission announces a revised 10-year regulatory review schedule.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through April 30, 2010 the current OMB clearance for its Free Annual File Disclosures Rule (``Rule''). That clearance expires on April 30, 2007.
Appliance Labeling Rule
The Energy Policy Act of 2005 directs the Commission to issue labeling requirements for the electricity used by ceiling fans to circulate air. The Commission is publishing amendments to the Appliance Labeling Rule that establish energy labeling requirements for these products.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'') (44 U.S.C. 3501-3520). The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through January 31, 2010 the current OMB clearance for information collection requirements contained in its Mail or Telephone Order Merchandise Trade Regulation Rule (``MTOR'' or ``Rule''), 16 CFR Part 435. That clearance expires on January 31, 2007.
Public Workshop: Negative Options: An FTC Workshop Analyzing Negative Option Marketing
The FTC is planning to host a public workshop that will analyze the marketing of offers of goods and services with negative option features. The workshop will address the pros and cons of such offers, discuss online marketing of such offers, and explore ways to make effective disclosures in online advertising of such offers.
Telemarketing Sales Rule; Extension Beyond January 2, 2007, of the Previously Announced Forbearance Policy in Enforcement of the Prohibition of Prerecorded Calls in the Telemarketing Sales Rule (“TSR”)
In a Federal Register document published on October 4, 2006, 71 FR 58716, the FTC denied a request for creation of a new safe harbor in the TSR for prerecorded calls by sellers and their telemarketers to consumers with whom the seller has an ``established business relationship,'' and proposed an amendment to the TSR that would make explicit the prohibition on prerecorded calls that is now implicit in the TSR's call abandonment provisions. The Commission accordingly also announced the revocation of a previously announced policy of forbearing from enforcement of the TSR's call abandonment prohibition effective January 2, 2007. In response to a request for an extension of the forbearance policy, the Commission has determined that the forbearance policy should remain in effect until the conclusion of the prerecorded call amendment proceeding.
Johnson & Johnson and Pfizer Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''). The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through April 30, 2010 the current OMB clearance for information collection requirements contained in its Contact Lens Rule (``Rule''). That clearance expires on April 30, 2007.
Charges For Certain Disclosures
The Federal Trade Commission announces that the ceiling on allowable charges under Section 612(f) of the Fair Credit Reporting Act (``FCRA'') will remain unchanged at $10.00 for 2007. Under 1996 amendments to the FCRA, the Federal Trade Commission is required to increase the $8.00 amount referred to in paragraph (1)(A)(i) of Section 612(f) on January 1 of each year, based proportionally on changes in the Consumer Price Index (``CPI''), with fractional changes rounded to the nearest fifty cents. The CPI increased 25.88 percent between September 1997, the date the FCRA amendments took effect, and September 2006. This increase in the CPI and the requirement that any increase be rounded to the nearest fifty cents results in no change in the current maximum allowable charge of $10.00.
Service Corporation International and Alderwoods Group, Inc.; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Guidance Software, Inc.; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
No FEAR Act Notice
The Federal Trade Commission (FTC) is providing notice to its employees, former employees, and applicants for Federal employment about the rights and remedies available to them under the Federal antidiscrimination, whistleblower protection, and retaliation laws. This notice fulfills the FTC's initial notification obligation under the Notification and Federal Employees Antidiscrimination and Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management (OPM) regulations at 5 CFR part 724.
Telemarketing Sales Rule
In a Federal Register notice published on October 4, 2006, 71 FR 58716, the FTC requested comment on two proposed amendments to the TSR. The Notice stated that comments must be submitted on or before November 6, 2006. In response to a request for an extension of the comment period received on October 30, 2006, the Commission has extended the comment period for an additional 40 days.
Thermo Electron Corporation; Analysis of Agreement Containing Consent Orders to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Watson Pharmaceuticals, Inc., and Andrx Corporation; Analysis of Agreement Containing Consent Orders to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Zango, Inc., Formerly Kown as 180solutions, Inc.; Analysis of Proposed Consent Order to Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Barr Pharmaceuticals, Inc. and Pliva d.d.; Analysis of Proposed Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Agency Information Collection Activities; Proposed Collection; Comment Request
The information collection requirements described below are being submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA''), 44 U.S.C. 3501-3520. The FTC is seeking public comments on proposed information requests to beverage alcohol advertisers. The FTC proposes to issue compulsory process orders to beverage alcohol advertisers for information concerning, inter alia, compliance with voluntary advertising placement provisions, sales and marketing expenditures, and the status of third-party review of complaints regarding compliance with voluntary advertising codes.
Agency Information Collection Activities; Comment Request
The FTC is soliciting public comments on proposed information requests to food and beverage companies and quick service restaurants. These comments will be considered before the FTC submits a request for Office of Management and Budget (OMB) review under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501-3520, of compulsory process orders to major food and beverage manufacturers and quick service restaurant companies in order to obtain information from those companies concerning, among other things, their marketing activities and expenditures targeted toward children and adolescents.
Agency Information Collection Activities; Reinstatement of Existing Collection; Comment Request
The Federal Trade Commission (``FTC'' or ``Commission'') intends to conduct a pilot study in connection with Section 319 of the Fair and Accurate Credit Transactions Act of 2003, Pub. L. 108-159 (2003). This study is a follow-up to the Commission's previous pilot study conducted from October 2005 through June 2006. Before gathering this information, the FTC is seeking public comment on its proposed consumer pilot study. Comments will be considered before the FTC submits a request for Office of Management and Budget (``OMB'') review under the Paperwork Reduction Act, 44 U.S.C. 3501-3520.
Information and Real Estate Services, LLC; Northern New England Real Estate Network, Inc.; Williamsburg Area Association of Realtors, Inc.; Realtors Association of Northeast Wisconsin, Inc.; Monmouth County Association of Realtors, Inc.; Analysis of Agreements Containing Consent Orders To Aid Public Comment
The consent agreements in these matters settle alleged violations of federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaints and the terms of the consent ordersembodied in the consent agreementsthat would settle these allegations.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'') (44 U.S.C. 3501-3520). The Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comments on its proposal to extend through January 31, 2010 the current OMB clearance for information collection requirements contained in its Mail or Telephone Order Merchandise Trade Regulation Rule (``MTOR'' or ``Rule''), 16 CFR part 435. That clearance expires on January 31, 2007.
Charter Service Negotiated Rulemaking Advisory Committee
This notice lists the location and time of the next Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) meeting.
The Boeing Company, Lockheed Martin Corporation and United Launch Alliance; Analysis of Agreement Containing Consent Orders To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Telemarketing Sales Rule (“TSR”)
In this document, the Federal Trade Commission (``FTC'' or ``Commission'') announces decisions on four issues involving the Telemarketing Sales Rule (``TSR''): the denial of a petition submitted by Voice Mail Broadcasting Corporation (``VMBC'') requesting creation of a new safe harbor for the TSR that would permit the use of prerecorded messages in calls to established customers; a new proposal to amend the TSR by expressly prohibiting unsolicited prerecorded telemarketing calls without the consumer's prior written agreement; revocation of the Commission's previously announced policy of forbearance from bringing enforcement actions against sellers and telemarketers who make prerecorded telemarketing calls to established customers effective January 2, 2007; and a new proposal to amend the prescribed method for measuring the maximum allowable call abandonment rate in the TSR's existing safe harbor provision, in response to a petition from the Direct Marketing Association, Inc. (``DMA''). The Commission is requesting public comment on the proposed amendments during a comment period ending November 6, 2006.
Agency Information Collection Activities; Submission for OMB Review; Comment Request
The information collection requirements described below will be submitted to the Office of Management and Budget (``OMB'') for review, as required by the Paperwork Reduction Act (``PRA'') (44 U.S.C. 3501-3520). The FTC is seeking public comments on its proposal to extend through May 31, 2009 the current PRA clearance for information collection requirements contained in its Alternative Fuel Rule, 16 CFR Part 309. That clearance expires on November 30, 2006.
SES Performance Review Board
Notice is hereby given of the appointment of members to the FTC Performance Review Board.
Agency Information Collection Activities: Proposed Collection; Comment Request
In accordance with the requirements of the Paperwork Reduction Act of 1995, the OCC, the Board, the FDIC, the OTS, the NCUA, and the FTC (Agencies) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. Pursuant to section 214(e) of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act or Act), the Agencies are requesting public comment on a proposed information collection concerning the ``Survey of Information Sharing Practices with Affiliates'' (Survey).
New Century Health Quality Alliance, Inc., Prime Care of Northeast Kansas, L.L.C., et al.; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Dan L. Duncan, et al.; Analysis of Proposed Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Business Opportunity Rule
In a Federal Register notice published on April 12, 2006, 71 FR 19054, the FTC requested comment on its Notice of Proposed Rulemaking in connection with the Business Opportunity Rule. The Notice required that comments be submitted on or before June 16, 2006, and rebuttal comments be submitted on or before July 7, 2006. On June 1, 2006, 71 FR 31124, the Commission extended the comment period to July 17, 2006, and the rebuttal comment period until August 7, 2006. In response to a request received on July 24, 2006, the Commission has extended the rebuttal comment period until September 29, 2006.
Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”)
The Federal Trade Commission (``Commission'') is amending the Appliance Labeling Rule (``Rule'') by publishing new ranges of comparability for room air conditioners. The Commission also announces that the current ranges of comparability required by the Rule for water heaters, furnaces, boilers, dishwashers, and pool heaters will remain in effect until further notice.
In the Matter of Puerto Rico Association of Endodontists, Corp.; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Telemarketing Sales Rule Fees
The Federal Trade Commission (the ``Commission'' or ``FTC'') is issuing this Final Rule to amend section 310.8 (``the Final Amended Fee Rule'') of the FTC's Telemarketing Sales Rule (``TSR'') by revising the fees charged to entities accessing the National Do Not Call Registry (``the Registry'').
Linde AG and The BOC Group PLC; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Austin Board of Realtors; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003
The OCC, Board, FDIC, OTS, NCUA and FTC (the Agencies) request comment on a proposal that would implement sections 114 and 315 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). As required by section 114, the Agencies are jointly proposing guidelines for financial institutions and creditors identifying patterns, practices, and specific forms of activity, that indicate the possible existence of identity theft. The Agencies also are proposing joint regulations requiring each financial institution and creditor to establish reasonable policies and procedures for implementing the guidelines, including a provision requiring credit and debit card issuers to assess the validity of a request for a change of address under certain circumstances. In addition, the Agencies are proposing joint regulations under section 315 that provide guidance regarding reasonable policies and procedures that a user of consumer reports must employ when such a user receives a notice of address discrepancy from a consumer reporting agency.
Hologic, Inc.; Analysis of Agreement Containing Consent Order To Aid Public Comment
The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreementthat would settle these allegations.
Test Procedures and Labeling Standards for Recycled Oil
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on the overall costs, benefits, and regulatory and economic impact of its rule specifying Test Procedures and Labeling Standards for Recycled Oil (``Recycled Oil Rule'' or ``Rule''), as part of the Commission's systematic review of all current FTC rules and guides.
Premerger Notification; Reporting and Waiting Period Requirements
The Commission is amending the premerger notification rules (``the rules'') that require the parties to certain mergers and acquisitions to file reports with the Federal Trade Commission (``the Commission'' or ``FTC'') and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice (``the Assistant Attorney General'' or ``DOJ'') and to wait a specified period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in Federal court to prevent consummation. These amendments will update and improve the effectiveness of the rules by allowing submission of notification and report forms electronically via the Internet.
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